Transgender and Non-Binary Inclusion at Work [Guidance for Employers]: Guidance commissioned by the Chartered Institute of Personnel and Development (CIPD)

This guide will help people professionals, employers and people managers take a proactive and informed approach to supporting transgender and non-binary people at work, as part of a broader EDI policy. With insights from people with lived experience, it will help employers understand the issues and challenges facing transgender and non-binary people at work.

It covers the employee lifecycle – from recruitment to progression – as well as building inclusive cultures more broadly. Key areas include:

UK employment law – the legal considerations and the protected characteristic of gender reassignment under the UK Equality Act.

Policy – ensuring internal EDI policies support transgender and non-binary inclusion within the workplace.

Workplace culture – creating safe and equal workplaces where everyone can thrive.

Employee lifecycle – inclusivity throughout employee tenure including recruitment, onboarding and progression.

Inclusive language – encouraging employers to think ‘additively’ when referring to typically gendered areas of policy. Adding people in rather than taking anyone out.

Managing different views – recognising the right for people to hold and express different beliefs while drawing boundaries between acceptable and unacceptable behaviour.

Supporting a transition at work – how to support colleagues through their individual journey.

Data management – ensuring privacy is paramount and that personal data is not shared unless there is explicit agreement or instruction.

This evidence-based guidance is based on several stages of research and has included the views and input from a broad range of stakeholders, including those with transgender and non-binary lived experience in the workplace. This includes:
• a rapid evidence assessment of 59 evidence-based academic publications from the business and social science disciplines
• a scoping review of 69 non-academic research reports and guidance documents from established, reputable bodies and organisations
• a review of 11 recent, relevant employment tribunal (and appeal) decisions. See: Appendix A: List of employment tribunal and employment appeal tribunal cases
• interviews/focus groups with 27 representatives from equalities and LGBT+ advocacy organisations, LGBT+ inclusion training organisations, consultants, academics, legal experts, and policy experts
• applied practice scenarios/discussions with four organisations who have experience of designing and implementing transgender and non-binary inclusive policies and practices
• a pre-publication testing phase where four people management/trade union professionals reviewed drafts

Acknowledgements:
This guide was commissioned and published by the Chartered Institute of Personnel and Development (CIPD). It was researched and written by Dr Luke Fletcher (University of Bath) and Dr Rosa Marvell (University of Portsmouth).